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Nevada Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

Delwyn E. Webber
Delwyn E. Webber answered on Jun 12, 2020

Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.

After your dad passes your mom should be able...
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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: What is the difference between being an interested person in a trust and a non interested person.
Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on May 30, 2020

Interested "person" may be the grantor (creator) of the trust, a trustee and/or a beneficiary. Interested "trustee"- The term Interested Trustee means a Trustee who:

is a transferor or beneficiary;

is related or subordinate to a transferor or beneficiary;...
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2 Answers | Asked in Estate Planning for Nevada on
Q: In Nevada are Will's nullified after marriage? My father is getting married again.
Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

No the will is not nullified but the surviving spouse might be able to elect to take a share of the estate against the terms of the will. How much depends on many other factors such as how much of the state was separate property and how much was community property, how many children the decedent... Read more »

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1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: Hi, when opening probate and signing POA over to probate attorney in Nevada do I need to revoke it?

I have an order to set aside estate without administration $100,000 and I never put the property in my name or bank account. Do I need to cancel the Power of Attorney? Then send Demand letter to bank? Or to probate lawyer after I revoke?

Also, There was deed assignment to Us Bank as Trustee... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on May 8, 2020

I assume you signed a 'limited' power of attorney to enable the attorney to file the Set Aside. A Certified Court Order will allow you to transfer the bank accounts etc into your name so you should provide that to the Bank. If by 'property' you mean real estate, that you will... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: What I’m asking is there a form or can we write this out ourselves stating that I her boyfriend

Is there a form I can fill out stating that she grants me 25% of estate including insurance (life)

Delwyn E. Webber
Delwyn E. Webber answered on Apr 27, 2020

Your girlfriend will have to prepare/sign a Last Will and Testament naming her you as to 25% if she desires to leave you a certain percentage of assets from her estate. She would also name the other beneficiaries and their percentages.

She should also name you as a 25% beneficiary of her...
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1 Answer | Asked in Estate Planning for Nevada on
Q: My Mom is ill, and is a a beneficiary out of 4 siblings. The trust is now irrevocable.

Can she have the trust changed - only to specify that if she passes before distribution of assets of the trust, for her percent to go to her daughter? At current the trust states any departed beneficiaries percent is to be split amongst the remaining siblings. She is trying to prepare her own... Read more »

Kirk Kaplan
Kirk Kaplan answered on Apr 15, 2020

When you say trying to prepare her own trust, is she working with an estate planning attorney? If she is ill and near death, this is not the time to be DIYing. She has more important things to worry about like spending time with family, seeing friends, and doing what she whats to do to the extent... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Nevada on
Q: What is the best form of deed to use to transfer real property to a trust?

My wife and I live in California and own two investment properties (single family homes) in Nevada. We recently set up a California Trust. We would like to transfer the Nevada properties to the trust. I have read from a variety of what appear to be reputable sources that use of a quitclaim deed... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 17, 2020

Another important consideration is whether or not you have title insurance on those properties. My best advice would be for you to take your existing deeds and your title insurance policies to a real estate attorney for review and to prepare the deed into your trust. Another really good option... Read more »

2 Answers | Asked in Estate Planning for Nevada on
Q: As executor of an estate, could a bank request other documents besides the death certificate and letter of testementary

I am my mothers executor. I was able to close all her accounts with only the letter of testementary and death cert. I went to a small bank to take possession of her safe deposit box and the bank approved my documents in person.

The next day they called me and said I only had an oath. I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 25, 2020

An attorney would need to review your documents to see if they are valid and sufficient for this purpose. If they are, the attorney could write a letter to the bank explaining why they must honor it. In the worse case scenario the attorney could help you get an order from the court compelling the... Read more »

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1 Answer | Asked in Estate Planning for Nevada on
Q: In the state of Nevada, will filing a Homestead Exemption do anything if our home is in our Living Trust?

We are married and living in our primary residence which is paid off and valued ~$570K. Our house and other assets are all owned by our revocable Living Trust. We have never filed a Homestead Exemption in Nevada, but recently friends have told us we should do this to protect the equity in our home.... Read more »

Tiffany Ballenger Floyd
Tiffany Ballenger Floyd answered on Jan 21, 2020

Nevada homestead exemption protects the equity in your primary residence (w/ proper homestead filing) up to $550K- cheap & easy protection! A revocable living trust typically does not provide ANY asset protection to the creators of the trust, so it's probably wise to file your homestead.... Read more »

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My uncle recently passed. He has 2 living siblings,one deceased brother am I able to petition to be apart of the estate?

My cousin just petitioned on behalf of his deceased father(5yrs passed), even though he hasn't seen or spoken to my recently deceased uncle in years. Even though my mother is alive can I also petition to get a portion of my uncle's estate?

My uncle had written off everyone in the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Dec 24, 2019

If your uncle was not survived by a wife or patents or children and no valid will then chances are his estate will be divided into one share for each sibling with children of siblings inheriting in the place of deceased siblings. With your mother (who I assume is his sibling) still alive, she would... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Can the executor remove a beneficiary from the trust? Is he required to notice the beneficiary? Thank you
Nina Whitehurst
Nina Whitehurst answered on Oct 2, 2019

A trust becomes irrevocable upon the death of the settlor and, furthermore, the executor only administers the probate estate. Trust assets are not part of the probate estate. So, unless there are some pretty extraordinary circumstances that you have not mentioned, no, an executor cannot remove a... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Nevada on
Q: My dad died and nobody contacted me to inform me of his death. I just found out that my aunt had moved in after he died

And now is selling all his stuff. There is no will, im an only child and he was never married so I should be in charge of his property, belongings, etc. yet the cops won't help me cuz of "squatters rights". I live in ID so it makes it difficult. I can't afford an attorney what am I supposed to do?

Nina Whitehurst
Nina Whitehurst answered on Sep 15, 2019

Hire a probate attorney near where your dad lived. The estate pays the legal fees.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: My mom and deceased stepfather has a living trust in Clark County. How do I remove my stepfather's name from the trust?

My mom wants to do remove his name and do a Deed Upon Death naming me as the grantee of the house they own.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2019

In most states a deceased trustee is removed from title by recording an Affidavit of Death of Trustee. However, that does not guarantee that your mother has the authority to do what she is proposing. The only way to determine whether she can do that would be to review the trust, and even if the... Read more »

1 Answer | Asked in Probate and Estate Planning for Nevada on
Q: My father passed with out a spouse i'm an only child who doesn't get along with his mother and sisters. They are trying

To take Everything. They have taken over planning the funeral. They're Ordering a bunch of death certificates. I was told there is no will. I was told i'm the closest next of kin.

Who has the most rights to take over his property and how do i stop them? How do i assert my rights... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 17, 2019

Hire a local probate attorney to help you petition the court to be appointed executor of your father’s estate.

1 Answer | Asked in Estate Planning for Nevada on
Q: How long is living trust valid?

How many years is living trust valid in Nevada?

Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

For all practical purposes, there is no time limit for living trusts in Nevada, but to answer your question, in Nevada a nonvested property interest must vest within 365 years after its creation. I am not aware of any trust case in Nevada that has tested that limit, and I doubt I will see such a... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: Is living trust outdated after 3 years?

Stone Law Office advertised on RJ on August 11, 2019 as "why your living trust may be outdated if it's more than 3 years old." Is this true?

Nina Whitehurst
Nina Whitehurst answered on Aug 11, 2019

It is true in some cases and not others. That is why they wrote "maybe" instead of "is". Estate plans should be reviewed every few years for possible changes needed due to changes in laws and also every time a significant change occurs within the family or the field of... Read more »

1 Answer | Asked in Estate Planning for Nevada on
Q: IRA account with no listed beneficiary passing into estate - does this go to next of kin ?

Father passed in Nevada. Will states "intentional and with full knowledge omitted to provide for heirs".

There is an IRA account (opened in CA) with no beneficiary listed and the bank form states it will pass into the 'estate'. As next of kin (who was intentionally... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 15, 2019

Although your father disinherited his 'heirs', did he name any beneficiary(s) in his Will? If he named beneficiaries, then the funds from the IRA should go to them through the Probate process.

1 Answer | Asked in Estate Planning for Nevada on
Q: Does a deed upon death created in 2016 supersede a will created in 2012?

Deed upon death leaves property to myself and my sister as JT. Will leaves property to my sister only unless she sells it, at which time the proceeds go to the 5 heirs as stated in the will. I am the financial guardian for his estate. My father passed away, last month, my mother in 2014. We plan to... Read more »

Delwyn E. Webber
Delwyn E. Webber answered on Jul 8, 2019

Firstly, sorry for your loss.

The Deed Upon Death prevails over the Will, so once you and your sister sign and file the appropriate Affidavit with the Recorder, the property will be transferred to you and her as Joint Tenants.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: bf passed. I've got domestic partnership No will/his son hand wrote a note stating estate left to kids & he signed.

Do I have rights? Kids aren't aware of partnership. Do I need to file anything?

Delwyn E. Webber
Delwyn E. Webber answered on May 1, 2019

Firstly, sorry for your loss.

The Will signed by your bf would need to be viewed to see whether it is a valid Will under NV Statute; A registered domestic partner does have rights under the NV Statutes, so I would recommend that you meet with an attorney to review the Will and discuss your...
Read more »

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

Owes back taxes and past debts are on his credit report and future bills there is no money or assets to pay them. What I'm supposed to do?

Delwyn E. Webber
Delwyn E. Webber answered on Feb 22, 2019

Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

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